Questioning of persons - national procedures for ICC proceedings


International Criminal Court Act 2007, No.26


60. Assistance in questioning persons -

(1) Where the ICC requests assistance in questioning a person who is being investigated or prosecuted by the ICC, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the person is or may be in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General, without delay -

(a) use its best endeavours to undertake the questioning that the ICC has requested;
(b)ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and
(c) advise the Minister of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to Minister.

(3) A person questioned under this section shall notwithstanding anything to the contrary in any other law, be entitled to all the rights referred to in article 55 (2) of the Statute.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(c) The questioning of any person being investigated or prosecuted;